Types of Alimony in Arkansas

Arkansas’s statute directs the court to make an alimony order that is reasonable from the circumstances, and it describes one type: rehabilitative alimony in fixed installments for a specified period, supported by a rehabilitation plan. It sets no formula and no list of factors.

What the statute provides

Ark. Code 9-12-312(a)(1) says that when a decree is entered, the court makes an order concerning the care of any children and an order concerning alimony, if applicable, as are reasonable from the circumstances of the parties and the nature of the case. The statute does not list categories such as permanent, lump-sum or temporary alimony, and it sets no formula or list of factors for alimony; the court decides what is reasonable.

Rehabilitative alimony

The one type the statute describes is rehabilitative alimony. Under Ark. Code 9-12-312(b)(1), alimony may be awarded under proper circumstances concerning rehabilitation to either party in fixed installments for a specified period so the payments qualify as periodic payments within the meaning of the Internal Revenue Code.

The rehabilitation plan

When rehabilitative alimony is requested, the payor may request, or the court may require, the recipient to provide a plan of rehabilitation. The court considers whether the plan is feasible and the amount and duration of the award. If the recipient fails to meet the plan’s requirements, the payor may petition the court to decide whether rehabilitative alimony should continue or be modified (9-12-312(b)(2) and (b)(3)).

Alimony and the property division

Alimony is decided in the same decree as the division of property, and the property each spouse receives bears on need. The property rules are in the Arkansas property division calculator.

What ends it automatically

Unless the court or the parties provide otherwise, alimony ends automatically on remarriage, on equivalent relationships that produce a child and a support order, on living full time with another person in an intimate cohabitating relationship, and on the death of either party. The Arkansas alimony calculator applies those rules to your situation.

Alimony and child support are separate orders

When a decree is entered, the court makes an order concerning the care of the children and an order concerning alimony, each as is reasonable from the circumstances (Ark. Code 9-12-312(a)(1)). Child support follows the Family Support Chart and its rebuttable presumption; alimony has no chart and no presumption, so the same two parents can have very different outcomes in the two orders. The child support side is in the Arkansas child support calculator.

What to gather

Because the court decides what is reasonable from the circumstances, gather the records that show each spouse’s income and expenses, health, education and work history, the property each will receive, and any plan for training or education if rehabilitative alimony is possible. A realistic rehabilitation plan with dates and costs is the document the statute specifically contemplates.

Questions for an attorney

Because the statute leaves the type, amount and duration to the court, ask a licensed Arkansas attorney how a court is likely to treat your facts and whether a rehabilitative award, a different structure or no alimony fits your case. How long alimony can last is covered in how long alimony lasts in Arkansas.

Frequently asked questions

What types of alimony does Arkansas have?

The statute describes rehabilitative alimony in fixed installments for a specified period. It otherwise leaves the form, amount and duration of alimony to the court as reasonable from the circumstances.

What is rehabilitative alimony in Arkansas?

Alimony awarded for rehabilitation in fixed installments for a specified period so the payments qualify as periodic payments within the meaning of the Internal Revenue Code.

Does a court require a rehabilitation plan in Arkansas?

The payor may request, or the court may require, that the recipient provide a plan of rehabilitation so the court can decide whether it is feasible and the amount and duration of the award.

What if the recipient does not follow the rehabilitation plan?

The payor may petition the court for a review to determine whether rehabilitative alimony should continue or be modified.

Does Arkansas law set alimony factors?

Ark. Code 9-12-312 does not list factors for alimony; it directs the court to make an order that is reasonable from the circumstances of the parties and the nature of the case.

Official sources

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This is general information, not legal advice. It is based on the cited Arkansas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arkansas attorney.